Military Divorce in Florida – Protecting Service Members’ Rights
Experience That Understands Military Life
Divorce is never simple—but when one or both spouses serve in the military, there are additional layers of complexity. From federal laws to military-specific benefits and deployment-related custody issues, military divorces require a lawyer who understands both civilian and military systems. We help service members and their spouses navigate divorce confidently and fairly.
Understanding Military Divorce
Florida Law Meets Federal Regulations
Military divorce is still governed by Florida’s
divorce laws, but unique military rules and federal statutes apply as well. Service members have special protections and responsibilities—ranging from deployment delays to federal benefit restrictions. Whether you’re active duty, retired, or married to a service member, it’s important to work with an attorney who can guide you through both systems.
Residency & Filing Requirements
Where and How to File for Divorce When in the Military
Florida allows flexibility when it comes to filing for divorce in military families. You can typically file for divorce in Florida if:
- One spouse resides in Florida.
- A military member is stationed in Florida and considers it their home of record.
In addition, the
Servicemembers Civil Relief Act (SCRA) provides protections if a military spouse is deployed or otherwise unavailable to participate in the legal process. This law can
delay proceedings to ensure fairness for the deployed service member.
Military Benefits & Pensions in Divorce
Dividing Retirement, Health Care & More
One of the most complex issues in military divorce is the division of military retirement and benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Florida courts may treat military retirement pay as divisible marital property. Key things to know include:
- The
“10/10 Rule”: If the marriage lasted at least 10 years, and 10 of those years overlapped with military service, the non-military spouse may be eligible to receive direct retirement payments from
DFAS.
- Tricare: Continued healthcare coverage is only available to the former spouse in certain cases, such as the
20/20/20 rule.
- Survivor Benefit Plan (SBP): Election of SBP coverage must be addressed during divorce to protect spousal benefits after death.
- Commissary/Exchange Access: These benefits typically end once the divorce is finalized, unless certain length-of-marriage/service conditions are met.
Child Support, Custody & Deployment
Protecting Parenting Rights in Military Families
Military divorces often involve long-distance parenting or deployment-related challenges. Courts will consider:
- Basic pay, BAH, and other allowances when calculating
child support.
- The need for a
Family Care Plan to ensure continuity of parenting during deployment or reassignment.
- Temporary custody arrangements that protect the parenting time of a deployed service member.
Florida courts cannot override federal military policies, but they can implement parenting plans that account for deployment schedules and maintain stability for the child.
Special Considerations in Military Divorce
Planning Ahead for Service-Related Issues
Military families face unique complications that civilian courts must address carefully, including:
- Military custody clauses: Special language in parenting plans to address temporary changes during deployment.
- Frequent relocations: These may lead to future
modification or
relocation petitions.
- Jurisdictional issues: Ensuring the court has authority to divide retirement or rule on custody if the family is split between states or overseas.
These factors make
military divorce planning especially critical. Whether you’re the service member or the spouse, we help you plan for these realities from the start.
Why Experience Matters
Why Experience Matters
Our proximity to
Patrick Space Force Base and deep familiarity with Florida’s military communities mean we’ve helped numerous service members and military spouses with divorce and related family law matters. Kathleen Davies understands how to protect service-related benefits while ensuring the process is handled with dignity and discretion.
Call to Action
Get the Support You Need from a Military Divorce Attorney
Military life adds complexity to every part of family life—and divorce is no exception. Let us help you protect your rights and navigate military-specific divorce issues with confidence.
Contact us today for a consultation
